Criminalizing Citizen Journalism in California

“Everyone wants to fight fraud, right? Right?” asks investigative reporter Peter Schweitzer. Well, maybe not everyone. The California Legislature seems to be aiming to criminalize citizen journalists who expose significant fraud within the state’s Immigrant Services program. A proposed bill, known as AB 2064 or the “Stop Nick Shirley Act” by its critics, would label inquiries made at immigration service centers as harassment, imposing $10,000 fines and potential prison time for journalists.

Schweitzer, alongside co-host Eric Eggers, delves into how politicians from California to Minnesota are focusing their attention not on addressing misconduct but rather on targeting the journalists attempting to bring these issues to light. “What are they doing to prevent exposure of fraud, and why?” Schweitzer queries in a recent episode. “We’re arguing this is significant for the electorate.”

Schweitzer believes that those committing fraud are often tied to a specific political movement, suggesting that politicians wish to keep fraud under wraps to protect their constituencies. “It impacts them too—some of these illicit funds probably find their way into their campaign contributions,” he claims.

Eggers recently wrote an editorial addressing what he calls a “perverted incentive structure.” Nick Shirley, a citizen journalist, gained attention when he uncovered welfare fraud in Minneapolis involving Somali immigrants. He created a fake childcare center that billed Minnesota for millions. Mr. Shirley has also reported on fraudulent hospice centers in California, highlighting misuse of taxpayer funds by NGOs claiming to deliver “immigrant services.”

Such findings have created discomfort for Democratic leaders in both states. Eggers previously interviewed Minnesota Republican Senator Steve Drakowski, who has been trying to expose welfare fraud for a decade. Drakowski recounted a call he had with a Democratic colleague, who left to answer Governor Walz’s call during their discussion about introducing a bill for an independent inspector general to oversee welfare fraud investigations. When she returned, she conveyed, “He wants me to get the bill.”

Citizen journalists have revealed not just welfare fraud but also issues surrounding political donations. Journalist James O’Keefe investigated donation records on ActBlue, the Democratic Party’s primary fundraising platform, after discovering discrepancies in small donations. Interviews with donors revealed that many had never contributed, leading to an investigation into ActBlue and allegations of money laundering from international donors.

Employees of ActBlue were summoned before Congressional investigators and recently reported exercising their Fifth Amendment rights multiple times during a deposition about possible donor fraud on fundraising platforms.

“Citizen journalists often begin their work simply by canvassing neighborhoods,” Schweitzer notes.

He emphasizes a significant distinction between the citizen journalism surrounding ActBlue and the implications of the Stop Nick Shirley Act. In the ActBlue scenario, some individuals are allegedly donating on behalf of others, while the actions of Nick Shirley do not hinder this. “The focus of the fraud in Minnesota appears to involve a single group—immigrants,” Schweitzer discusses. “In Minnesota, it’s Somalis. In California, they aim to protect those providing immigration services, which indicates a targeted approach.” He continues, “This raises an important question: why? Because they are a core Democratic Party constituency.”

Schweitzer elaborates, “This dynamic grants immigrants protections that aren’t afforded to regular citizens. Historically, when people immigrate, they tend to vote as a cohesive bloc, influenced by long-standing residents guiding them on whom to support. Democrats find this appealing.”

A particularly revealing anecdote comes from California, where a bizarre case of dog voting arose due to the decision to mail ballots to every registered voter during the 2020 pandemic. Eggers recounts a story of a woman who registered her boxer, Maya, alongside herself and her husband. When she submitted the dog’s ballot—intending to notify the registrar about it—it led to unexpected consequences. Five years later, she learned she was facing five felony charges for voter fraud.

“This is absurd,” Eggers remarks. “Although they recently dropped the charges, this reflects a broader issue of individuals trying to shed light on potential flaws in the system but facing resistance instead of gratitude.”

This tension underscores the challenges encountered by those striving for transparency and accountability in the electoral process.